H3. Res. 6177, Planning Commission CreationKALisPEii,
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: Resolution 6177 — Creation of a Planning Commission
MEETING DATE: December 18, 2023
BACKGROUND: The 2023 Montana Legislature enacted Senate Bill 382, also known as the
Montana Land Use Planning Act ("MLUPA"; now codified as Title 76, Chapter 25 of the
Montana Code). MLUPA includes requirements that significantly restructure land use planning and
processes for specific communities in the state. Among those requirements are (1) a Planning
Commission in lieu of a Planning Board, with revised duties; (2) a public participation plan
guiding public involvement in the establishment of land use plans; (3) a requirement to adopt a
new land use plan following certain guidelines; and (4) a requirement to adopt updated
zoning and subdivision regulations in accordance with the new land use plan.
Additionally, MLUPA modifies certain review processes including variances and appeals, which
historically have been the role of the Board of Adjustment. Under MLUPA, variances are reviewed
and either approved or denied by staff. The decision on the variance, as well as other administrative
decisions made under MLUPA, can be appealed to the Planning Commission and then to City
Council.
This resolution designates the Planning Board and Zoning Commission to be the Planning
Commission, as provided under MLUPA, and, since all of the duties of the Board of Adjustment are
now otherwise addressed, dissolves the current Board of Adjustment. The make-up of the Planning
Commission will remain the same as the current Planning Board with the same seven members.
RECOMMENDATION: It is recommended that the City Council approve Resolution 6177, a
resolution designating the City of Kalispell Planning Board and Zoning Commission as the Planning
Commission required by Title 76, Chapter 25, M.C.A., and dissolving the City of Kalispell Board of
Adjustment.
FISCAL EFFECTS: Positive impacts if approved.
ALTERNATIVES: Deny the request.
ATTACHMENT: Resolution 6177
Report compiled: November 29, 2023
Aimee Brunckhorst, Kalispell City Clerk
RESOLUTION NO. 6177
A RESOLUTION OF THE CITY OF KALISPELL, MONTANA, TO ESTABLISH A
PLANNING COMMISSION AS REQUIRED BY THE MONTANA LAND USE
PLANNING ACT (SB 382).
WHEREAS, the Kalispell City Council has previously established a Planning Board and Zoning
Commission, as provided under Title 76, Chapter 1, M.C.A., and Chapter 27.28 of
the Kalispell Zoning Ordinance; and
WHEREAS, the Kalispell City Council has previously established a Board of Adjustment, as
provided under Title 76, Chapter 2, Part 3, M.C.A., and Chapter 27.30 of the
Kalispell Zoning Ordinance; and
WHEREAS, the 2023 Montana Legislature passed Senate Bill 382, the Montana Land Use
Planning Act, changing the legal framework for land use planning and regulations
for the City of Kalispell; and
WHEREAS, Senate Bill 382 Section 4, as codified in Section 76-25-104, M.C.A., requires a
local government to establish by resolution or ordinance a planning commission to
provide advisory services to the governing body on the development of a land use
plan and implementing regulations and hear and decide appeals from any site -
specific land use decisions made by the planning administrator; and
WHEREAS, Section 76-25-104, M.C.A. allows for an existing body to be designated and serve
as the planning commission so long as it meets the required criteria; and
WHEREAS, the City Council finds that it provides for continuity of knowledge and consistency
of operations and membership to designate the City of Kalispell Planning Board
and Zoning Commission to be the planning commission required by Section 76-25-
104, M.C.A.; and
WHEREAS, the City Council finds that duties of the Board of Adjustment have been placed with
the planning administrator and the planning commission under Sections 76-25-104,
76-25-502 and 76-25-503, M.C.A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, TO WIT:
SECTION 1. That the City of Kalispell Planning Board and Zoning Commission be
designated as the Planning Commission required by Title 76, Chapter 25,
M.C.A. (the Montana Land Use Planning Act) with duties as required in the
Act.
SECTION 2. That appointments, terms, qualifications, removal, vacancies, meetings,
notice of meetings, officers, reimbursement of costs, shall continue to be
established pursuant to Title 76, Chapter 1, M.C.A., Chapter 27.28 of the
Kalispell Zoning Ordinance, and any duly adopted by-laws of the Planning
Commission.
SECTION 3. That the Kalispell Board of Adjustment is hereby dissolved with its duties
addressed pursuant to Title 76, Chapter 25, M.C.A.._
SECTION 4. This Resolution shall become effective immediately following its passage
by the City Council and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 18TH DAY OF DECEMBER, 2023.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor